Civil Procedure Code (CPC)

Salary cheque stopped by employer


I got my salary cheque on 12th of oct 2016 and i deposited the same on same date. My bank account shows that payment is stopped by drawer. I left the job from there already because of the rude behaviour of owner. Please help me out because i am clueless what to do.

 
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FIN

Have you been ever a member of employee's/trade unions, GRC,Works Committee etc ?

If yes, you would be properly informed.

Have you approached a very able counsel specializing in Labor/Service matters? 

If yes, you would be properly informed, of your coverage by Labor Law Eenactments and forums that you can approach.

 

If cheque has bounced then your counsel may opine to file cheque bounce case.

Unpaid wages are debt on employer.

 

 

 

 
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Free legal advice and legal aid cell

You can file a criminal complaint against the  employer after fulfilling the following conditions:

1.  You should have been deposited  the cheque within the validity period of the cheque.  Means within 3 months of the date of the cheque.

2.  When bank returned the cheque to you on the ground that employer has given "stop payment" instruction to his bank, you should serve  a notice/legal notice to the employer within 30 days from the date of the return of the cheque, asking him to pay the amount within 15 days of receipt of notice.

3.  If he does not pay the amount within 15 days, you should file complaint in the MM court within 30 days from that 15 days.

These days have to be meticulously followed.

If employer's cheque was returned and the above dates elapsed, you again present the cheque in your bank and once again it comes back, follow the above said schedule meticulously.

Samarpan (free legal advice and aid cell - All India Lawyers Union)

 
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Advocate & Solicitor at Law

File a criminal complaint u/s 138 of the NI Act in case you can manage to establish that the amount mentioned on the cheque was legally due to you.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

 
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FIN

What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?

 

What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

 

Can anyone change/cancel your recommendations?

 

How many persons report to you?

 

You are in which state?

Your service is under probation or confirmed?

 

For how many months you have been working?

 

What is the notice period tendered by you?

 

What is the notice period as per appointment letter?

Has yourresignation been aceepted?

Did you ever mention rudeness before resigining, in resignation, subsequently?

 

Have you been getting salary slips?

 

What was your monthly salary?

 

 
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